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2025 DAILYLAW 116302 (MAD)

P. Ramesh v. The Executive Engineer

WP(MD)/1214/2025 · 2025-01-20

L Victoria Gowri

Transfer Petitionbody2025

Judgment text

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W.P.(MD)No.1214 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2025 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.1214 of 2025 P. Ramesh ... Petitioner Vs. 1. The Executive Engineer, Distribution / Town Tirunelveli TANGEDCO, V.M.Chathiram, Tirunelvlei-627 011. 2. The Assistant Electrical Engineer, Distribution / Town, TANGEDCO, Samanathanapuram, Tirunelvlei 627 002. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondent herein to consider and dispose of the representation of the petitioner dated 05.08.2024 for removal of rusted hazarduous iron electrical pole in front of the petitioner's house in Ward No. 32, Neasanayanar Street, West of Palai Bus Stand, Trivandrum Road, Palayamcottai 627 002. For Petitioner : Mr. K.Appadurai For R-1 & R-2 : Mr.S.Deenadhayalan Standing Counsel 1/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.1214 of 2025 ORDER Mr.S.Deenadhayalan, learned Standing Counsel takes notice for the first and second respondents. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself. 2. The prayer in the Writ Petition reads as follows:- “To issue a Writ of Mandamus,to direct the respondent herein to consider and dispose of the representation of the petitioner dated 05.08.2024 for removal of rusted hazarduous iron electrical pole in front of the petitioner's house in Ward No. 32, Neasanayanar Street, West of Palai Bus Stand, Trivandrum Road, Palayamcottai 627 002.” 3. Heard the learned counsels on either sides and carefully perused the materials available on record. 4. The petitioner has made a representation on 05.08.2024 to the respondents for removal of rusted hazardous iron electrical pole in front of the petitioner's. Since, the same was not considered, the present writ petition came to be filed 2/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.1214 of 2025 5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, non- consideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India. 6. Without going into the merits of this case, this Court hereby direct the respondents to consider the representation made by the petitioner and pass appropriate orders in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order. 7. Accordingly, this Writ Petition stands disposed of. No costs. 20.01.2025 NCC : Yes / No Index : Yes / No jbr 3/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.1214 of 2025 L.VICTORIA GOWRI, J. jbr TO:- 1. The Executive Engineer, Distribution / Town Tirunelveli TANGEDCO, V.M.Chathiram, Tirunelvlei-627 011. 2. The Assistant Electrical Engineer, Distribution / Town, TANGEDCO, Samanathanapuram, Tirunelvlei 627 002. Order made in W.P.(MD)No.1214 of 2025 Dated 20.01.2025 4/4 https://www.mhc.tn.gov.in/judis